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43 <br />6557.03/12309 <br />Condominium agree that minor encroachments over adjoining Units or the Common Area shall be <br />permitted and that there shall be valid easements for the maintenance of said encroachments so long as <br />they shall exist. In Units where air conditioning equipment or water/utility shut-off valves are installed, <br />an easement over the Common Area into which said equipment encroaches shall exist for the purpose of <br />maintenance, replacement and repair of said equipment. <br /> <br />Section 6.6 Right to Grant Easements. In addition to the Exclusive Use Common Areas <br />designated on the Condominium Plan, Declarant reserves the right to grant easements over the Common <br />Area for the exclusive use by an Owner or Owners of contiguous property, the general public or <br />government agency. Any such easement may be conveyed by the Declarant before the last close of <br />escrow for sale of a Condominium in the Property. The purpose of the easement, the portion of the <br />Common Area affected, the Condominium to which the easement is appurtenant (if applicable), and any <br />restrictions on use of the easement area shall be identified in a recorded grant of easement. <br /> <br />Section 6.7 Right of Entry. <br />(a) Association. The Association has the right to enter each Condominium to <br />inspect the Development, and may take whatever corrective action it determines to be necessary or <br />proper. Entry onto any Condominium Unit under this subsection may be made after at least forty-eight <br />(48) hours advance written notice to the Owner of the Unit except for emergency situations, which shall <br />not require notice. Any damage to the Condominium caused by entry under this subsection shall be <br />repaired by the Association. <br />(b) Declarant. Declarant hereby reserves for itself, and for its agents, employees, <br />contractors and/or subcontractors (collectively, “Declarant Parties”) the right to enter any Condominium <br />Unit, Common Area and Annexation Property (i) to perform a periodic inspection of any Condominium <br />Unit, the Common Area, and all improvements thereon, (ii) to complete and/or maintain or repair any <br />improvements within any Condominium Unit and/or the Development Declarant determines necessary or <br />proper, in its sole discretion, (iii) to perform any warranty work Declarant determines necessary or proper <br />in its sole discretion, (iv) to comply with requirements for the recordation of the Map or Condominium <br />Plan or the grading or construction of the Development, and (v) to comply with requirements of <br />applicable governmental agencies. Declarant shall provide at least forty-eight (48) hours notice to an <br />Owner prior to entry into the Owner’s Unit under this subsection except for emergency situations, which <br />shall not require prior notice, but shall require notice to the Owner within seven (7) days after such entry <br />was made. During the inspection, the Association shall provide access to the interiors of any Common <br />Area structures. After the inspection, Declarant Parties may give the Association a written report which <br />describes the results of the inspection and makes recommendations for action Declarant Parties believe is <br />appropriate for the Association to take to maintain improvements for which the Association is <br />responsible. Any damage caused by entry under this subsection shall repaired by the Declarant. This <br />right of entry includes, but is not limited to, entering into one Unit to perform work which benefits <br />another Unit(s). Unless otherwise specified in the initial grant deed of the Condominium Unit from <br />Declarant, this right of entry shall automatically expire eleven (11) years from the last close of escrow for <br />the sale of a Condominium in the Development. <br />Section 6.8 Annexation of Annexation Property. Subject to the terms of any Declaration <br />of Annexation for a future Phase, once additional property is annexed into the Development as described <br />in a Declaration of Annexation, the Units and the Owners of Units in the annexed property shall have all <br />of the rights and easements specified in this Article, and the Units and the Owners in the Development <br />prior to annexation shall have all of the easements specified in this Article as though the annexed Phase <br />were initially part of the Development. <br /> <br />7.1.K. - Page 47